Questions answered by Melanie A. Essary

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My Mom died in August,in Florida (primary res.) and has Property in N.Y. she had no will. 3 adult children . What to do now?

Melanie's answer | Answered on July 07, 2015

First, I am sorry for your loss. Your brother will have no issues initiating the estate proceedings on behalf of the 3 of you; especially with the...

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Are there specific forms to petition for guardianship of an unrelated minor child?

Melanie's answer | Answered on July 07, 2015

This is a very sensitive issue and I recommend you speak with an attorney in your area who handles guardianships for minors to discuss the details.

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Is there any way to prove a will that was signed by the testator and 2 witnesses, but the witnesses did not sign together...

Melanie's answer | Answered on July 06, 2015

Mr. Tylman is correct, Florida Statute 732.502 (c) requires "The attesting witnesses must sign the will in the presence of the testator and in the...

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Signed a temp guardianship form with paternal grandma, she passed away family trying to say i cant get my kids, can they stop me

Melanie's answer | Answered on July 06, 2015

If the guardianship was voluntarily initiated by you and not granted through the court, you should have every right to take custody of your own...

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Father died 3yrs ago left house to me my sister and his girlfriend she is not maintain home we want to sell she does not

Melanie's answer | Answered on July 03, 2015

First, I would advise you never put anyone's full name out in a forum like this. Privacy is always paramount on the internet. Next, this is a...

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Estate law excluding spouse in will

Melanie's answer | Answered on July 03, 2015

First, I am sorry about your father's poor health. But Mr. Garvin is correct, a spouse is a spouse with all the rights given a spouse until the...

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How can I order a fair value price?

Melanie's answer | Answered on July 02, 2015

There are a lot of unanswered questions here. Who is your husband trying to sell to? A third party? Or is he trying to sell his half to his...

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Is a house an exempt property?

Melanie's answer | Answered on July 02, 2015

This is a complicated question. Assuming your mother in law was a Florida resident and the house was her homestead, it is exempt from creditor...

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Can I be forced to move from my deceased grandmothers house?

Melanie's answer | Answered on July 02, 2015

I am sorry for the issues you are having. I don't think I have all of the information that I would need to answer this question properly. Because...

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Dad died 16 years ago. He is receiving settlement in asbestos litigation now and they want his estate reopened. What do I do?

Melanie's answer | Answered on July 01, 2015

You law firm is correct. The settlement funds are an asset of his estate. In order to pass those assets on to the beneficiaries, you will need to...

Melanie A. Essary's Answers (175)

My Mom died in August,in Florida (primary res.) and has Property in N.Y. she had no will. 3 adult children . What to do now?

Are there specific forms to petition for guardianship of an unrelated minor child?

Is there any way to prove a will that was signed by the testator and 2 witnesses, but the witnesses did not sign together...

Signed a temp guardianship form with paternal grandma, she passed away family trying to say i cant get my kids, can they stop me

Father died 3yrs ago left house to me my sister and his girlfriend she is not maintain home we want to sell she does not

Estate law excluding spouse in will

How can I order a fair value price?

Is a house an exempt property?

Can I be forced to move from my deceased grandmothers house?

Dad died 16 years ago. He is receiving settlement in asbestos litigation now and they want his estate reopened. What do I do?